Home News High Court Orders Tougher Penalty for Reckless Harare Driver

High Court Orders Tougher Penalty for Reckless Harare Driver

by Bustop TV News

A Harare motorist, Gerald Mangwenyama, is facing renewed legal consequences after the High Court overturned a lenient sentence handed down by a lower court for his dangerous driving.

Mangwenyama admitted to recklessly driving into oncoming traffic in a Honda Fit while hurrying to work. The magistrate originally fined him US$450 or four months in jail, banned him from driving Class 4 vehicles for six months, and endorsed his licence.

However, the High Court took issue with the ruling, arguing that it failed to meet both legal expectations and public safety standards.

Justice Esther Muremba criticised the narrow scope of the driving ban, questioning why it was limited to Class 4 vehicles while still allowing Mangwenyama to legally operate more hazardous vehicle types, such as kombis and trucks.

“Reckless driving is a serious offence that endangers all road users, no matter what vehicle is involved,” Justice Muremba said. “Permitting the offender to continue driving larger or potentially more dangerous vehicles defeats the entire purpose of the penalty.”

She went on to say that the magistrate’s decision lacked proper judicial reasoning, describing it as a “silent discretion” that could not be justified in the circumstances.

Justice Muremba, invoking Section 65 of the Road Traffic Act, instructed the magistrate to summon Mangwenyama back to court to justify why the driving ban should not be extended to all vehicle classes.

Deputy Judge President Justice Garainesu Mawadze supported the ruling, emphasizing that sentencing in traffic cases must reflect the gravity of such offences and serve to protect all road users.

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